Navigating the complexities of sexual assault cases demands not only legal wherewithal but also an unyielding determination to fight for justice.
As a seasoned defense lawyer in Oklahoma with a deep understanding of the intricacies surrounding these sensitive matters, Jacqui Ford is dedicated to providing robust defense, empowering survivors, and advocating for fairness within the legal system. Her track record of resolute advocacy and comprehensive knowledge makes her a formidable ally for those facing such challenging circumstances.
In this blog, we discuss in detail the different types of sexual assault charges in Oklahoma.
Sexual Assault in Oklahoma
Sexual assault is generally defined as any type of sexual contact or sexual behavior that is unwanted and not solicited, but the laws on sexual assault vary from state to state.
In the state of Oklahoma, there are three main sexual assault charges.
- Rape
- Rape by instrument
- Forcible sodomy
How does Oklahoma define rape?
The rape statute in Oklahoma defines rape as “an act of sexual intercourse involving vaginal or anal penetration” (with someone who is not married to the offender). The rape can be broken down as first-degree rape or second-degree rape.
One or more of the following circumstances must apply:
- The victim is under the age of 16.
- The victim is unable to consent due to mental illness or any mental instability. The mental illness or mental incapacitation can be temporary or permanent (first-degree rape).
- The offender used force or violence – or threatened to use force or violence (first-degree rape).
- The victim is unconscious, and the offender knows that the victim is unconscious and still has sexual intercourse with him or her (first-degree rape).
- The victim consents to the sexual intercourse because he or she believes that the offender is his or her spouse because the offender has deceived the victim.
- The victim is under the legal custody of a government agency, and an employee of the agency engages in sexual intercourse with the person in custody.
- The victim is a student between 16 and 20 years old, or is under the legal supervision of a school, and has sex with an offender who is 18 years old or older and is an employee of the school system where the victim is a student.
You can be charged with raping your spouse in Oklahoma, if it is proven that you had intercourse with them by using force or violence – or threatening to use force or violence.
What is rape by instrumentation?
Rape by instrumentation is defined as unwanted sexual penetration, either vaginal or anal. If the victim consents but is under the age of 16, it is considered second-degree rape.
It is considered first-degree rape if one or both of the following conditions are present:
- The victim is under the age of 14.
- The act results in serious bodily injury.
What is forcible sodomy?
The general definition of sodomy is any type of oral or anal sex. Sometimes, it is more broadly defined as any type of sexual activity that isn’t done for procreation. In Oklahoma state law, however, the forcible sodomy statute is typically used to prosecute forced oral sex.
The conditions for forcible sodomy in Oklahoma are very much like the conditions for rape. They include:
- The victim under the age of 16.
- The victim is unable to consent due to mental illness or any mental instability. The mental illness or mental incapacitation can be temporary or permanent
- The offender used force or violence – or threatened to use force or violence.
- The victim is under the legal custody of a government agency, and an employee of the agency engages in sexual intercourse with the person in custody.
- The victim is a student between 16 and 20 years old, or is under the legal supervision of a school, and has sex with an offender who is 18 years old or older and is an employee of the school system where the victim is a student.
Contact Jacqui Ford Law Today
If you or a loved one are navigating the complexities of a sexual assault case, you don’t have to face it alone. Reach out to Jacqui Ford Law today to schedule a confidential consultation. With a proven history of tenacious defense and a deep commitment to justice, Jacqui Ford is here to guide you through every step of the legal process.
